Notice Content
Notice of Sale
Under Power.
State of Georgia,
County of GWINNETT.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CHARLES WILLIAM JORDAN JR. A/K/A CHARLES W JORDAN JR. to YALE MORTGAGE CORPORATION , dated 11/09/2006, and Recorded on 11/21/2006 as Book No. 47277 and Page No. 417, GWINNETT County, Georgia records, as last assigned to U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR YALE MORTGAGE LOAN TRUST, SERIES 20071 (the Secured Creditor), by assignment, conveying the afterdescribed property to secure a Note of even date in the original principal amount of $169,000.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the GWINNETT County Courthouse within the legal hours of sale on the first Tuesday in June, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 300 OF THE 4TH DISTRICT, GWINNETT COUNTY, GEORGIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF HAYNES CIRCLE (HAVING A RIGHT OF WAY OF 30 FEET), 2113.00 FEET EASTERLY AS MEASURED ALONG THE CENTER OF SAID HAYNES CIRCLE FROM THE INTERSECTION OF THE CENTER LINE OF HAYNES CIRCLE WITH THE CENTER LINE OF CENTERVILLE ROAD, AND RUNNING THENCE NORTH 14 DEGREES 52 MINUTES WEST 477.0 FEET TO AN IRON PIN FOUND; RUNNING THENCE NORTH 42 DEGREES 41 MINUTES WEST 416.5 FEET TO AN IRON PIN PLACED ON THE SOUTHERLY EDGE OF A BRANCH, RUNNING THENCE NORTH 75 DEGREES 10 MINUTES EAST 172.7 FEET TO AN IRON PIN PLACED, RUNNING THENCE NORTH 51 DEGREES 34 MINUTES EAST 100.1 FEET TO AND IRON PIN PLACED RUNNING THENCE NORTH 56 DEGREES 00 MINUTES EAST 96.0 FEET TO AN IRON PIN PLACED; RUNNING THENCE NORTH 12 DEGREES 29 MINUTES WEST 15 FEET TO A POINT ON THE SOUTHERN PROPERTY LINE OF RONALD D. CROOK, RUNNING THENCE ALONG THE SOUTHERLY PROPERTY LINE RONALD D. CROOK AS FOLLOWS: NORTH 67 DEGREES 07 MINUTES EAST 116.0 FEET, NORTH 78 DEGREES 23 MINUTES EAST 80.0 FEET, SOUTH 59 DEGREES 37 MINUTES EAST 60.0 FEET, SOUTH 74 DEGREES 07 MINUTES EAST 90.0 FEET TO A POINT ON THE WESTERLY SIDE OF 30 FOOT DRIVE EASEMENT; RUNNING THENCE ALONG THE WESTERLY SIDE OF SAID 30 FOOT DRIVE EASEMENT AS FOLLOWS: SOUTH 17 DEGREES 28 MINUTES WEST 14 FEET TO AN IRON PIN FOUND; SOUTH 23 DEGREES 46 MINUTES WEST 167 FEET, SOUTH 41 DEGREES 22 MINTUES WEST 199.4 FEET TO AN IRON PIN FOUND; SOUTH 11 DEGREES 05 MINUTES EAST 222.4 FEET, SOUTH 57 DEGREES 47 MINUTES EAST 115.4 FEET AND SOUTH 15 DEGREES 00 MINUTES EAST 362.6 FEET TO A POINT IN THE CENTER LINE OF HAYNES CIRCLE, RUNNING THENCE SOUTH 89 DEGREES 05 MINUTES WEST ALONG THE CENTER LINE OF HAYNES CIRCLE 270.0 FEET TO THE POINT OF BEGINNING, CONTAINING 6.96 ACRES, MORE OR LESS AS SHOWN ON SURVERY FOR CHARLES W. JORDAN JR. PREPARED BY MICHAEL A. ROYSTON, REGISTERED LAND SURVERYOR, DATED APRIL 12, 1972, AND REVISED APRIL 6, 1979, COPY OF WHICH IS RECORDED IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF GWINNETT COUNTY, GEORGIA, IN PLAT BOOK Y, PAGE 258, AS REVISED AT PLAT BOOK 10, PAGE 128, TO WHICH REFERENCE IS HEREBY PARTICULARLY MADE.
EXCEPTING THERE FROM THE PROPERTY WITHIN THE BOUNDS OF HAYNES CIRCLE. TOGETHER WITH ALL RIGHT, TITLE AND INTEREST OF THE GRANTOR HEREIN IN AND TO A PERMANENT EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS OVER THE 30 FOOT DRIVEWAY EASEMENT LOCATED ALONG THE WESTERLY LINE OF CAPTION PROPERTY, AS MORE SPECIFICALLY SET FORTH IN WARRANTY DEED RECORDED IN DEED BOOK 630, PAGE 49, GWINNET COUNTY, GEORGIA RECORDS. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR YALE MORTGAGE LOAN TRUST, SERIES 20071 holds the duly endorsed Note and is the current assignee of the Security Deed to the property. AMERICAS SERVICING COMPANY, acting on behalf of and, as necessary, in consultation with U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR YALE MORTGAGE LOAN TRUST, SERIES 20071 (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. 4414162.2, AMERICAS SERVICING COMPANY may be contacted at: AMERICAS SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 8002883212. Please note that,
pursuant to O.C.G.A. 4414162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 4246 HAYNES CIR, SNELLVILLE, GEORGIA 30039 is/are: CHARLES WILLIAM JORDAN JR. A/K/A CHARLES W JORDAN JR. or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 913172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR YALE MORTGAGE LOAN TRUST, SERIES 20071 as Attorney in Fact for CHARLES WILLIAM JORDAN JR. A/K/A CHARLES W JORDAN JR.. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20110134000255 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 4004 Belt Line Road, Suite 100 Addison, Texas 75001 Telephone: (972) 3415398.
950-417886, 5/12,19,26,6/2
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